LAWS(GJH)-1996-10-60

DEVINDERSINGH. Vs. (THE) STATE OF GUJARAT

Decided On October 09, 1996
Devindersingh. Appellant
V/S
(The) State Of Gujarat Respondents

JUDGEMENT

(1.) xxx xxx xxx.

(2.) From the First Information Report as well as the documents produced by the petitioner along with the present petition it seems prima facie that as regards the offence committed in contravention of Section 8 of the Arms Act, as for the present petitioner is concerned, has taken place at Meeruth, Uttar Pradesh. Admittedly, the petitioner is a licensed dealer in arms and M/s. B. F. Patel & Sons is also a licensed dealer in arms. Both of them are holding licence for purchase as well as sale of fire arms. It is the case of the first informant that the present petitioner has sold certain fire arms to M/s B. D. Patel & Sons and those sale of the fire arms are contravening the Section 8 of the Arms Act. But the transaction between the present petitioner and M/s B. D. Patel & Sorts was taken place at Meeruth. Therefore, as regards the commission of the offense by the present petitioner by contravening the provisions of Section 8 of the Arms Act has taken place at Meeruth. Therefore, the F.I.R, as regards the petitioner that is pertaining to the alleged offences alleged to have been committed by the petitioner will have to be transferred to the Meeruth Police Station. Therefore on the fact of it, the police Shahpur cannot investigate the offence alleged to have been committed by the present petitioner under Section 8 of the Arms Act and they will have to transfer the First Information Report lodged against him to Meeruth, Uttar Pradesh.

(3.) xxx xxx xxx.